CONDOMINIUM CORPORATION NO 9913345 (TALL TIMBER LEISURE PARK) v HALL

The Applicant sought permission to appeal a Court of King's Bench Summary Judgment that awarded the Respondent $1,243.37, struck the Applicant's Counterclaim, and awarded solicitor-client costs. The Applicant also sought a stay of enforcement and related declaratory relief. The Application engaged Rule 14.5 because the amount in controversy fell below the monetary threshold requiring permission to appeal.

The Court applied the established test for permission to appeal, pursuant to Rule 14.5, and considered whether the proposed Appeal had arguable merit and raised a question of law of sufficient importance to warrant review by a three-judge panel. Justice Grosse concluded that the Applicant's complaints largely concerned factual findings, discretionary procedural rulings, evidentiary issues, or matters specific to the litigation record. The Court found that none of the proposed grounds raised an important question of law, and several were disconnected from the Order under Appeal.

The Court dismissed the Application. As no Appeal could proceed, Grosse J.A. also refused a stay of enforcement and related declaratory relief, and terminated an interim stay previously granted. Justice Grosse found the Respondent was entitled to costs pursuant to Rule 14.88, on the same scale as awarded in the Court of King’s Bench, which was solicitor-client costs.